The National Court has rejected the request of the former president of the Valencian Generalitat Francis Camps to submit to the Court of Justice of the European Union (CJEU) several questions related to the principle of presumption of innocence in the Gürtel case, for which he will be tried.
The Second Section of the Criminal Chamber has issued an order, to which Efe has had access this Monday, in which rejects the request made by the former president considering that at the “current procedural moment” there is no “need” nor is it pertinent to ask the CJEU for a preliminary ruling.
Camps asked to interpret “certain procedural milestones that occurred” in the piece of the Gürtel case in which he is accused
Camps asked to interpret “certain procedural milestones that occurred” in the piece of the Gürtel case in which he is accused “in light” of a directive of the European Parliament and of the Council that reinforces aspects of the presumption of innocence and the right to be present at the trial, which has not been transposed in Spain, despite the fact that the term has elapsed.
All this based on the way in which he was incorporated into the procedure as investigated, recalls the order, which maintains that Camps made a series of considerations, such as the credibility or not of the statements made by other defendants, the criminal relevance or not of the indications that could be inferred from them, or the interpretation made by the Prosecutor’s Office and the investigating judge.
But all those arguments, the court notes, “introduce elements of the oral trial” and specifically of the evidence that must be practiced during the oral hearing or of the assessment made in the future by the court that must pass sentence.
He will be, says the Chamber, the one who must assess whether to pass sentence he needs to ask the CJEU for a preliminary ruling.
Camps, who recently challenged the refusal of the National High Court to remove one of the judges who should judge himthe magistrate José Ricardo de Prada, alleged that during the ten years that the investigation of piece 5 of the Gürtel case lasted, it was rejected that he could provide “light or knowledge” on the award of the investigated contract.
This piece of the case is related to the award to the company of the plot Gürtel Orange Market of the Valencian exhibitor at the Fitur tourism fair in Madrid in 2009, in which the Prosecutor’s Office requests two and a half years in prison for the former Valencian president for crimes of prevarication and fraud.